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IP Cases & Articles
Patentability of Covid-19 smartphone apps at the EPO
The new coronavirus (Covid-19) pandemic has caused immense suffering and has led to restrictions on modern life not seen since wartime. In several countries including the UK, part of the plan to tackle Covid-19 involves a smartphone app to help track people at risk of contracting the disease. -
IP Cases & Articles
Sky v SkyKick UK High Court decision
Sky had sued SkyKick for trade mark infringement relying on a number of registrations with specifications covering goods as broad as “computer software” and services as broad as “telecommunications services”. SkyKick had claimed that those registrations were wholly or partially invalid on the basis that a) the goods/services lacked clarity… -
IP Cases & Articles
Supporting Covid-19 innovation: WIPOs new search facility for PATENTSCOPE
The World Intellectual Property Organization (WIPO) has launched a new search facility within its global patent database PATENTSCOPE which will help in the identification and retrieval of patent information relating to Covid-19 and enhance innovation efforts in the new coronavirus (Covid-19) field. -
IP Cases & Articles
Unfair advantage? Burlington Arcade successful at CJEU
The Court of Justice of the EU (CJEU) has recently overturned a decision of the General Court and rejected various applications for marks incorporating the word BURLINGTON, on the basis of oppositions brought by the owners of the Burlington Arcade, the high-class arcade in Piccadilly, London. -
IP Cases & Articles
NOKIA v Kokiya: the letters of the law
The applicant, Shenzhen Road Zhengtong Trading Co. Ltd., filed to register an EU trade mark (EUTM) for the figurative mark, shown below, consisting of the word element “Kokiya” and a figurative element depicting a feminine silhouette. The application covers various goods in class 9, including “cell phones”. Nokia Corporation filed… -
IP Cases & Articles
Grand Board dismisses Gleissner appeal: cancellation proceedings an abuse of process
Fashion TV filed revocation proceedings against a European Trade Mark (EUTM) owned by a Peek & Cloppenburg company on the grounds of non-use. -
IP Cases & Articles
Sound advice required: revived audio brand has trade marks revoked
In a case that presents a warning to anyone considering resurrecting a “dead” brand, the UK High Court in Aiwa Co. Ltd v Aiwa Corporation [2019] EWHC 3468 (Ch), on appeal from the UKIPO, held that the sale of second-hand goods was not sufficient to fulfil criteria of “genuine use… -
IP Cases & Articles
Its not puppy love: Match.com swipes left on Dogmatch logo
Match Group LLC, which operates the successful online dating website “Match.com”, has successfully objected to the trade mark application “Dogmatch” logo. Match Group submitted a substantial amount of evidence to prove its reputation and convinced the European Intellectual Property Office (EUIPO) to refuse an application for unrelated services. Does this… -
IP Cases & Articles
Bad faith or seizing an opportunity? Where do we draw the line?
Trade mark law allows brand owners to take action against a trade mark applied for in bad faith. But, what is meant by bad faith? The UK Intellectual Property Office (UKIPO) has rejected a trade mark opposition, deeming the trade mark application did not amount to bad faith. -
IP Cases & Articles
Cancellation actions: why not file them at the DPMA?
As of 01 May 2020 the last changes to the German Trade Mark Act, introduced by the Trade Mark Law Modernisation Act (MaMoG) 2019, came into force. From 01 May 2020 the German Trade Mark Act allows for administrative cancellation proceedings based on non-use and relative grounds of refusal. Before…
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